The concept of public health protection in the Russian Federation as an object of administrative and legal regulation
https://doi.org/10.31429/20785836-13-3-46-50
Abstract
The article examines the conceptual framework of human health protection as a system of social relations subject to administrative and legal regulation in order to achieve the goals of state policy.
The aim of the study is to analyze the theoretical and normative constructions that reflect the approach to health protection in accordance with the challenges posed by the pandemic situation in the world and the threats of the emergence of new diseases affecting the safety of society.
The objectives of the article are to consider the features of the legislation that regulates the fundamental concepts of health care, as well as theoretical approaches to this issue.
The article is characterized by the use of standard methods of analysis, heuristics and axiology, as well as the method of comparative jurisprudence to take into account the latest achievements of foreign theoretical schools.
The results of the research are the conclusion about the counterproductiveness of the proposals for an extremely broad normative interpretation of the term "health" in the theories of the branches of public law with the inclusion of the concept of social well-being. The approach (actually supported by the Russian legislator), which assumes that health protection is aimed at protecting mental and physical health, excluding the regulation of the social aspect, is actually consistent with the goals, objectives and capabilities of state management of a particular industry.
About the Author
E. V. EpifanovaRussian Federation
Epifanova Elena Vladimirovna, Candidate of Legal Sciences, Associate professor, Professor of the Theory and history of state and law department
References
1. Abramova O.G., Mukhashev R.T. A new model of public administration for modern Russia // Trends and Management. 2017. № 3. Pp. 11-32.
2. Bainova M.S. The concept of the state and the system of public administration // Materials of Afanasyev's readings. 2016. № 1.Pp. 49-55.
3. Barabashev A.G., Guseletova E.L. Research of public administration in the USA: origins, stages of development, current state, evolution of educational programs // Questions of state and municipal administration. 2010. № 2.Pp. 66-80.
4. Kupryashin G.L. Public administration // Political Science. 2016. № 2. Pp. 101-127.
5. Medvedeva G.P., Shimanovskaya Ya.V. Social well-being as the meaning of social activity // Law and Practice. 2018. № 4. Pз. 293-299.
6. Ponomarev N.S. Health care reform in the context of protecting the rights of patients // Medical Law. 2018. № 6. Pp. 30–35.
7. Popov L.L., Migachev Yu.I. Administrative law of the Russian Federation: textbook / Ed.by Popov L.L. Moscow, 2019.
8. Ragimova I.A. Theoretical foundations of the definition of the concept of health // Izvestiya Saratov University. Series Philosophy, Psychology, Pedagogy. 2009.Vol. 9. Issue. 2.Pp. 41-47.
9. Stepanova A.V. Definition of "health": problems of normative definition // Young scientist. 2017. № 3 (137).Pp. 473-475.
10. Sutaeva N.N., Margolina Zh.B. Social well-being in modern conditions as a scientific and educational problem // Vestnik NVGU. 2017. №. 3. Pp. 57-62.
11. Tretyakova D.A., Shimanovsky D.V. Social well-being and ecological and economic dynamics: an analytical model // Problems of forecasting. 2020. № 1. Pp. 146-154/
12. Shatilina A.S. The constitutional and legal dimension of reproductive health: terra incognita? // Constitutional and municipal law. 2021. № 3. Pp. 51-57.
13. Chica-Velez, Sergio Alberto; Salazar-Ortiz, Cristian Andreas Post-new public management, governance and innovation.three concepts regarding organizational form and public management // Opera-Colombia.2021. № 28. Pp.17-51.
14. Criado J. Ignacio, Dias Thiago Ferreira, Sano Hironobu с соавт. Public Innovation and Living Labs in Action: A Comparative Analysis in post-New Public Management Contexts // International journal of public administration.2021. №44. Issue6. Pp. 451-464.
15. Dubois Hans F.W., Fattore Giovanni International Journal of Public Administration. Routledge Taylor & Francis Group. 2009. № 32(8). Pp. 704-727.
Review
For citations:
Epifanova E.V. The concept of public health protection in the Russian Federation as an object of administrative and legal regulation. Legal Bulletin of the Kuban State University. 2021;(3):46-50. (In Russ.) https://doi.org/10.31429/20785836-13-3-46-50